Page:United States Statutes at Large Volume 92 Part 2.djvu/80

 92 STAT. 1360 49 USC 10502.

49 USC prec. 1 note.

49 USC 10503. Jursidiction.

Post, pp. 1402, 1403, 1407.

"Proportional rates."

Hearing.

49 USC 10504. "Local public body."

PUBLIC LAW 95-473—OCT. 17, 1978

§ 10502. Express carrier transportation The Interstate Commerce Commission has jurisdiction under this subchapter, and not under subchapter II or III of this chapter, over transportation of an express carrier— (1) by motor vehicle, to the extent the transportation was subject to the jurisdiction of the Commission on September 18, 1940, under part I of the Interstate Commerce Act (24 Stat. 379), as amended; and (2) by water in providing express transportation. § 10503. Railroad and water transportation connections and rates (a) When a rail carrier and a water common carrier may or do provide jointly, transportation, not entirely in one State from a place m the United States to another place in the United States, even if part of the transportation is outside the United States, the Interstate Commerce Commission has the following jurisdiction over that transportation: (1) To establish a physical connection between the railroad lines of the rail carrier and the dock at which an interchange is . to be made, the Commission may— (A) require the rail carrier to make a suitable connection between its lines and tracks that have been constructed from the dock to the limits of the railroad right-of-way; (B) subject to the same restrictions on findings of public convenience and necessity and other matters that are imposed on construction under sections 10901, 10902, and 10907 of this title, require the rail carrier or water common carrier, or both, to construct to the dock at least one track connecting with the lines of the rail carrier; (C) determine and prescribe the conditions under which a connecting track is to be operated; and (D) in the construction or operation of the track, determine the sum to be paid to, or by, either carrier. (2) The Commission may— (A) prescribe proportional rates, maximum proportional rates, minimum proportional rates, or maximum and minimum proportional rates, of a rail carrier to and from the ports to which the passengers or property is transported by the water common carrier; and (B) determine the passengers, property, vessels, and on which conditions those rates apply. In this paragraph, "proportional rates" means those rates that differ from the corresponding local rates to and from a port and apply only to passengers or property brought to the port or carried from the port by a water common carrier. (b) The Commission may act under this section only after a full hearing. An order entered as the result of an action may be conditioned on giving security for the payment of an amount of money or the discharge of an obligation that is required to be paid or discharged under that order. § 10504. Exempt rail mass transportation (a) In this section— (1) "local public body"— (A) has the same meaning given that term by section 1608(c)(2) of this title; and

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